In this premises liability case, the plaintiff, a 62-year-old woman, asserted that she fell in a hole in the defendants commercial parking lot causing significant, permanent injury. The co-defendants denied negligence and each claimed the other was liable for maintenance of the parking area of the property. On April 11, 2016, the plaintiff was lawfully on the premises of a strip mall known as the West Belt Plaza located at 57 Route 23 South in Wayne. The property was owned by the first co-defendant and leased by the second co-defendant home goods store. The plaintiff had shopped in the defendant home goods store, purchasing a comforter and glassware and exited the store into the defendants parking lot. The plaintiff claimed that as she pushed her shopping cart down a curb towards her car, her foot went into a pothole, causing her and the cart to fall over. Glass shattered on the ground and the plaintiff fell on the glass. The plaintiff alleged that the force of the fall resulted in multiple, permanent injuries. The plaintiff maintained that the defendants did not maintain the premises in a reasonably safe condition; did not exercise proper care; caused a dangerous and hazardous condition to exist; failed to provide proper, safe and clear access for those persons using and accessing the premises; failed to provide safeguards or warnings; failed to properly inspect the premises; and were negligent. As a result of the fall, the plaintiff landed on the broken glass, sustaining cuts and bleeding from the side of her abdomen. An ambulance was called to the scene and the plaintiff was taken to the hospital. The plaintiffs cuts were glued and she was released. The plaintiff continued to suffer pain in her right knee and sought physical therapy. The plaintiff also had pain in her neck and back...
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Johnson vs. Segal Development Associates, et al.. Docket no. L-000489-18; Judge Raymond A. Reddin.Attorney for plaintiff: Gregg A. Wisotsky of Law Offices of Gregg A. Wisotsky in Parsippany, NJ. Attorney for defendant property owner: John M. Sapata of McDermott & McGee, LLP in Millburn, NJ. Attorney for defendant tenant store: Scott H. Goldstein of Bonner Kiernan Trebach & Crociata, LLP in Parsippany, NJ.
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